Senate Bill S6306

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6306
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2025
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to unlawful surveillance
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivisions  4 and 5 of section 250.45 of the penal law,
 subdivision 4 as amended and subdivision 5 as added by  chapter  193  of
 the  laws  of 2014, are amended and a new subdivision 6 is added to read
 as follows:
   4. Without the knowledge or consent of [a person] AN  INDIVIDUAL,  [he
 or  she]  SUCH  PERSON  intentionally  uses  or installs, or permits the
 utilization or installation of  an  imaging  device  to  surreptitiously
 view, broadcast or record, under the clothing being worn by such person,
 the sexual or other intimate parts of such person; [or]
   5.  For [his or her] SUCH PERSON'S own, or another individual's amuse-
 ment, entertainment, profit, sexual arousal or gratification, or for the
 purpose of degrading or abusing a person, the actor  intentionally  uses
 or  installs  or  permits  the utilization or installation of an imaging
 device to surreptitiously view, broadcast, or record such person  in  an
 identifiable manner:
   (a)  engaging  in  sexual  conduct,  as  defined in subdivision ten of
 section 130.00 of this part;
   (b) in the same image with the sexual or intimate part  of  any  other
 person; and
   (c)  at a place and time when such person has a reasonable expectation
 of privacy, without such person's knowledge or consent[.] ; OR
   6. FOR SUCH PERSON'S OWN SEXUAL AROUSAL OR GRATIFICATION, SUCH  PERSON
 COMMITS  TRESPASS,  AS  PROVIDED  IN  SECTION  140.05  OF THIS PART, AND
 OBSERVES, IN OTHER THAN A CASUAL OR CURSORY MANNER, ANOTHER  PERSON  (A)
 WITHOUT  THE  KNOWLEDGE  OR CONSENT OF SUCH OTHER PERSON, (B) WHILE SUCH
 OTHER PERSON IS INSIDE A DWELLING, AS DEFINED IN SECTION 140.00 OF  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10390-01-5
              

 S. 6306                             2
 
 PART,  AND  NOT  IN  PLAIN  VIEW, AND (C) UNDER CIRCUMSTANCES WHERE SUCH
 OTHER PERSON HAS A REASONABLE EXPECTATION OF PRIVACY.
   §  2.  Section  250.50 of the penal law, as added by chapter 69 of the
 laws of 2003, is amended to read as follows:
 § 250.50 Unlawful surveillance in the first degree.
   A person is guilty of unlawful surveillance in the first  degree  when
 [he or she]:
   1.  SUCH  PERSON  commits  the  crime  of unlawful surveillance in the
 second degree and has been previously  convicted  within  the  past  ten
 years of unlawful surveillance in the first or second degree; OR
   2.  SUCH  PERSON  COMMITS  THE  CRIME  OF UNLAWFUL SURVEILLANCE IN THE
 SECOND DEGREE AND (A) SUCH PERSON HAS BEEN PREVIOUSLY  CONVICTED  OF  AN
 OFFENSE  UNDER  ARTICLE ONE HUNDRED THIRTY OR TWO HUNDRED THIRTY OF THIS
 CHAPTER OR (B) THE INTENDED SUBJECT OF THE OFFENSE  IS  A  PERSON  UNDER
 SIXTEEN YEARS OF AGE.
   Unlawful surveillance in the first degree is a class D felony.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.